Jason J. Annibale 

Jason J. Annibale

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7912
e: jason.annibale@mcmillan.ca

overview

Jason is a partner in McMillan's Advocacy and Dispute Resolution Group specializing in the construction and real estate industries and in aboriginal and environmental law.

He has acted as lead litigation counsel in some of Canada's most complex construction disputes and commercial transactions. Within the P3 space, Jason has assisted a major authority in successfully resolving construction delay and cost overrun disputes involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel. In the commercial sphere, he has represented an international energy company with the purchase of construction projects and related assets across the country in the context one of Canada's largest ever construction bankruptcies.

Jason has appeared at all levels of court in Ontario. He has been elected to the Ontario Bar Association's Construction and Infrastructure Law Section Executive three times since 2014 and is presently the Executive's Co-Chair Program Coordinator. Jason is also the co-author of a chapter of McMillan's "soup-to-nuts" consideration of the construction process, Construction Law in Canada.

Representative Matters

  • Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
  • Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
  • Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
  • Obtained an order discharging a certificate of pending litigation registered against the old Christie Bakery manufacturing plant and defeated the subsequent motion to stay the discharge order pending the hearing of the appeal on the basis that the appeal raised no "serious issue".
  • Obtained an order for security for costs on the (rarely granted) substantial indemnity basis in an amount over $300,000 against an appellant purchaser of property.
  • Defended an international furniture manufacturing commercial landlord against a tenant's allegations of loss of business resulting from expansion of shopping centre and parking facilities.
  • Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
  • Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
  • Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
  • Defended a Crown agent against applicants challenging a performed environmental assessment under the Class Environmental Assessment for Realty Group Activities and the Environmental Assessment Act.
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Obtained one of the highest costs awards ever granted to a Canadian government for an application hearing.
  • Represented a mining company with operations in South America in relation to an internet defamation matter and obtained information respecting the identities behind assumed usernames from a third party chat room and bullboard host.
  • Procured an injunction against an organization of independent trucking companies against interfering with the business operations of a terminal of a major Canadian railway. Also co-ordinated the co-operation of the Sheriff and the Peel Regional Police in enforcing the injunctive order.

Presentations

ADRIC 2016: ADR Canada's Annual National Conference: Reflections and Innovations
The Unique World of Construction Law Arbitrations and Mediations, Ontario Bar Association
Recoverable Damages for Breach of Lease
Lease Remedies 101: Navigating Your Options
Aboriginal Law - The Legal Landscape and Application

Publications

Winter is coming – and so is Ontario's New Construction Act
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Rolling Liability for Continuous Breaches of Commercial Leases
Subcontractors May Unknowingly Lack General Lien Rights
Court affirms right of Province to "Take up" Treaty Lands – Grassy Narrows First Nation v. Ontario (Natural Resources)
Business Interests Working Through Parts Of Canada's Identity: Aboriginal Law And Federalism

News

McMillan LLP and Level / Égaliser team up to host Aboriginal youth and lawyers in day of education and inspiration
Jason Annibale identifies that the Supreme Court of Canada in the case of Grassy Narrows First Nation v. Ontario clarifies First Nation land issues
McMillan welcomes five new partners to the partnership

Education

  • McGill University, LLB (Distinction) - 2000
  • Queen's University, BA Honours (First Class Honours) - 1997
  • Osgoode Hall Law School, Construction Law Certificate - 2015

Year Of Call

  • Called to the Ontario bar - 2002

Practices

litigation
dispute resolution
construction
public-private partnerships
commercial real estate
aboriginal law
environmental regulation
construction litigation

Industries

construction
infrastructure
commercial real estate
energy
mining

Directorships and Professional Associations

  • Canadian Bar Association
  • Ontario Bar Association Construction and Infrastructure Law Section Executive
  • Advocates' Society
  • Canadian Construction Association
  • Toronto Construction Association
  • Mississauga Construction Association
  • Building Industry and Land Development Association (BILD)
  • DRI (Defense Research Institute)

Community Involvement

  • St. Michael's College School – Executive Member of Alumni Association and Career Mentor
  • North Toronto Soccer Club – House League Coach (2015)
  • North Toronto Soccer Club – Nitros Volunteer Assistant Coach

Awards & Rankings

  • McMillan Leadership in Mentoring Award - 2010

Media Mentions

  • "Grassy Narrows leaves big divide" by Arshy Mann, Law Times, October 27, 2014
vcard

Jason is a partner in McMillan's Advocacy and Dispute Resolution Group specializing in the construction and real estate industries and in aboriginal and environmental law.

He has acted as lead litigation counsel in some of Canada's most complex construction disputes and commercial transactions. Within the P3 space, Jason has assisted a major authority in successfully resolving construction delay and cost overrun disputes involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel. In the commercial sphere, he has represented an international energy company with the purchase of construction projects and related assets across the country in the context one of Canada's largest ever construction bankruptcies.

Jason has appeared at all levels of court in Ontario. He has been elected to the Ontario Bar Association's Construction and Infrastructure Law Section Executive three times since 2014 and is presently the Executive's Co-Chair Program Coordinator. Jason is also the co-author of a chapter of McMillan's "soup-to-nuts" consideration of the construction process, Construction Law in Canada.

  • Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
  • Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
  • Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
  • Obtained an order discharging a certificate of pending litigation registered against the old Christie Bakery manufacturing plant and defeated the subsequent motion to stay the discharge order pending the hearing of the appeal on the basis that the appeal raised no "serious issue".
  • Obtained an order for security for costs on the (rarely granted) substantial indemnity basis in an amount over $300,000 against an appellant purchaser of property.
  • Defended an international furniture manufacturing commercial landlord against a tenant's allegations of loss of business resulting from expansion of shopping centre and parking facilities.
  • Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
  • Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
  • Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
  • Defended a Crown agent against applicants challenging a performed environmental assessment under the Class Environmental Assessment for Realty Group Activities and the Environmental Assessment Act.
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Obtained one of the highest costs awards ever granted to a Canadian government for an application hearing.
  • Represented a mining company with operations in South America in relation to an internet defamation matter and obtained information respecting the identities behind assumed usernames from a third party chat room and bullboard host.
  • Procured an injunction against an organization of independent trucking companies against interfering with the business operations of a terminal of a major Canadian railway. Also co-ordinated the co-operation of the Sheriff and the Peel Regional Police in enforcing the injunctive order.
October 2016
ADRIC 2016: ADR Canada's Annual National Conference: Reflections and Innovations
"Med-Arb: Marriage of Opposites"
October 2016
The Unique World of Construction Law Arbitrations and Mediations, Ontario Bar Association
"Arbitrations and P3 Projects: Unique Considerations", Co-Chair & Speaker
February 2016
Recoverable Damages for Breach of Lease
The Six-Minute Commercial Leasing Lawyer, The Law Society of Upper Canada
September 2015
Lease Remedies 101: Navigating Your Options
McMillan Corporate Counsel Series
March 2012
Aboriginal Law - The Legal Landscape and Application
Presented to the Legal Group of Infrastructure Ontario